D. R. SAUNDERS ET AL., PLAINTIFFS IN ERROR,
v.
S. G. COLLINS, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a judgment awarding damages for trespass where the defendant's title was based on a tax deed. The court held that the tax deed was void because the statutory requirement for thirty days of newspaper publication notice before issuance was not satisfied, despite the deed being admissible as prima facie evidence.
A tax deed is void when the mandatory statutory requirement for thirty days of publication notice is not satisfied. Although a tax deed is admissible as prima facie evidence of regularity, defendants may overcome this presumption by proving the invalidity of the deed through evidence showing non-compliance with statutory requirements.
“No tax deeds for lands sold for taxes shall issue until the Clerk of the Circuit Court shall have given at least thirty days previous notice of the application for a deed by publishing the same once a week in some newspaper in the County”
Establishes the mandatory statutory requirement for publication notice that was violated in this case.
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Join FLexlaw to unlock all legal intelligenceS. G. Collins obtained a tax deed dated March 8, 1904, based on a tax sale certificate from December 1901. Collins used this deed to sue for trespass …
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Per Curiam
— This writ of error was taken to a judgment awarding damages for trespass upon real property alleged to belong to S. G. Collins. The right of Collins to maintain the action is based upon a tax deed issued March 8th, 1904. The deed was issued upon a tax sale certificate of December 1901.
Section 8 of Chapter 4888, which became effective September 1st, 1901, now Section 574, of the General Statutes of 1906, provides that “No tax deeds for lands sold for taxes shall issue until the Clerk of the Circuit Court shall have given at least thirty days previous notice of the application for a deed by publishing the same once a week in some newspaper in the County” &c. The proof shows that the publication began February 12th, 1904, and the deed was issued March 8th, 1904. The mandatory provision-as to publication being intended for the benefit of the land owner and not being complied with, the tax deed is void. See Clark Ray Co. v. Williford decided this term.
The introduction of the deed was not objected to on this ground, but such objection would have been unavailing since the tax deed is by the statute made prima facie evidence of the regularity of the proceedings. Saunders v. Collins 56 Fla. 534, 47 South. Rep. 958.
The tax deed was properly admitted in evidence over the objections made to its introduction, but this did not debar the defendants of the right to over come the prima facie effect of tbe tax deed by showing its invalidity by proper evidence as was done when it was made to appear •without objection that the publication of the notice of the application for the tax deed was not made for thirty days as required by the mandatory provisions of the statute.
The judgment is reversed.
Whitfield, C. J. and Taylor, Shackleford, Cockrell and Hocker, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Locke v. Stuart, 113 So. 2d 402 (Fla. 1st DCA 1959)…fendants to show that the notice required by the statute was given, or that such notice was not required in this case. The defendant made no showing of compliance, or reason for not complying, with the quoted statute.” Also see Saunders v. Collins, 62 Fla. 273, 57 So. 342. The effect of a statutory presumption on a motion for summary judgment and the necessity for counterproof when the presumption has been “destroyed” by rebuttal evidence is well illustrated in the case of Engl v. Aetna Life Insurance Co…
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Tax Sec. Corp. v. Peggie Borland, 103 Fla. 63 (Fla. 1931)…r the date of tbe Act. It has been repeatedly held in this State tbat where tbe Clerk of tbe Circuit Court does not give tbe notice of tbe application for the tax deed in substantial compliance with tbe statute tbe deed is void. Sanders vs. Collins, 62 Fla. 273, 57 Sou. 342; Clark-Ray-Johnson Co. vs. Williford, 62 Fla. 453, [*74] 56 Sou. 938; Johnson vs. DuPont, 63 Fla. 200, 57 Sou. 670; McLeod vs. Williams, 73 Fla. 338, 74 Sou. 408. The notice contained in the proof of publication as heretofore stated, i…
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The Ozark Corp. v. W. A. Pattishall C. T. A. of the Estate of Mary O. Beeman, 135 Fla. 610 (Fla. 1938)…for tax deed in substantial compliance with the statute, the deed is void. Johnson v. DuPont, 63 Fla. 200, 57 So. 670; McLeod v. Williams, 73 Fla. 338, 74 So. 408; Tax Securities Corporation v. Borland, 103 Fla. 63, 137 So. 151; Saunders v. Collins, 62 Fla. 273, 57 So. 342. The statutory requirements that notice to the owner of the land of application of the tax certificate holder for a tax deed therein shall be given in a stated manner, are intended for the protection of the property rights of the owner…
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- Saunders v. Collins, 56 Fla. 534 (Fla. 1908)